Title selection - using names identical to other medium

[J_C]

Hi!

I'm working on a game which I eventually want to distribute commercially. And I was thinking about if can I get sued or have any problem if I use a name which already exists in a form of a book, music or movie.

Obviously I'm not talking about some recent, well known title like Game of Thrones. But for example I wanted to name my game "A Long Road Home" and after I googled this I found out that there was a stupid family film in the '90s with the same name, and also a Danielle Steel novel in the '90s. The game obviously has no connection to these whatsoever.

Should I think another name or I can safely use them.

 

[izyees]

Why not? I think you can safely use it.

 

[Andar]

It depends on whether or not that name was trademarked.

Titles and names cannot be copyrighted, and there are a lot of cases where titles of stories are identical, so if there is no trademark on it then you can use it.

But if there is a trademark on that title, then you're almost guaranteed to get sued for it, because trademarks work differently from copyrights and have no "fair use".

So you'll have to check if that name is a registered trademark or not.

 

[J_C]

It depends on whether or not that name was trademarked.

Titles and names cannot be copyrighted, and there are a lot of cases where titles of stories are identical, so if there is no trademark on it then you can use it.

But if there is a trademark on that title, then you're almost guaranteed to get sued for it, because trademarks work differently from copyrights and have no "fair use".

So you'll have to check if that name is a registered trademark or not.

Is there an easy way to do that? Like a Trademark database?

 

[Andar]

Yes of course - that was what I was referring to - your countries trademark registration.

But that is different for each country - you have to check your government's pages for that.

 

[J_C]

Yes of course - that was what I was referring to - your countries trademark registration.

But that is different for each country - you have to check your government's pages for that.

I feel pretty stupid about this, but if I live in Hungary, I should check if it is registered in Hungary? But about other counteries, the US for example? Or do I only have to check in my own country.